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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 88819
Experience:  Attorney At Law handling education matters.
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This a David vs. Goliath Case.My ex partner a powerful Real

Customer Question

This a David vs. Goliath Case.
My ex partner a powerful Real Estate Mogul was a Managing Partner with me being an Operation Partner to open fast casual restaurants. Started the company 2007 opened 3 restaurants closed the last one Feb 2012. My partner was hit the hardest through the worst economy that hit real estate and hospitality industry as well. Instead of admitting that we all lost. He went behind my back hired a disbarred attorney filed a lawsuit against me to get his investment back. My ex partner doesn't like to lose and he smeared my reputation and accusing me not the economy as to why we lost our businesses. I filed Bankruptcy Chapter 7. I am 52 years old, lost everything, got evicted, no job, no car, walk to the store and my wife walks to work, no health insurance, living in a small apt with my wife, kid and 3 dogs. He filed an adversary case in the bankruptcy court against me orchestrated by his disbarred friend Donald and presented to the court by another inapt attorney that was disbarred several times before.
I represented my self "prose" through the process. I've been in front of the judge 3 times. She was not happy with his attorney "very unorganized". She advised us to resolve this through Mediation. I followed court order. their was no settlement. Keep in mind my ex partner didn't show up he sent his disbarred friend and his attorney. I was back in front of the Judge. She ask us to file discoveries deadline Aug 31st. His attorney emailed me a week before the deadline for a deposition on Aug 30th. He was in violation 1- not giving enough time to prepare 2- He didn't check my calendar for availability. I served him paper an answer to him that he was in violation. He emailed back to schedule another date for deposition. Trial date is set for Nov 25th 2013. I was very sick for weeks. I don't have health insurance therefore I didn't even have money to pay for Doctor visitation because I knew that I needed hemorrhoid surgery.
He continued to email me to set for a date my deposition to and to produce document. I just got another email from him on Friday that on Tuesday noon Oct 8th he is going to file a motion to compel these discovery requests and to continue the trial date accordingly.

Can I serve the court written reason why I believe it is justified for me refusing a deposition and produce document of being ill and having financial hardship. How much time do i have to oppose a motion to compel that he wants to file noon Tuesday Oct 8th?
I checked Judge Bauer self-calendared Motions in adversary proceedings - chapter 7
may be set on
TUESDAYS at 1:30 p.m.
EXCEPT

do not set
October 15
October 22 & 29
November 5 & 26
December 24

Kind Regards
Submitted: 9 months ago via Cornell Legal Info Institute.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the attorney is disbarred, then he cannot practice law and represent anyone, he has to be actively licensed. Thus, you can file a complaint against the attorney with the bar and have him removed from the case by the judge by filing a motion in court showing that he is not licensed to practice law because he was disbarred. If he is currently licensed, but had previously been disbarred then this does not apply.

If he is not cooperating with you in good faith in scheduling the deposition and you have medical reasons you can document as to why you are not available on the dates he wants, then you would oppose his motion to compel and present your evidence supporting your claims and ask the court to mandate he follow the federal discovery rules and try to work out a convenient time for the deposition in good faith before pursuing a motion to compel. You can argue that he has not tried in good faith to schedule any convenient time for you and as such the motion to compel is not appropriate.

You have to answer the motion to compel at least 5 days before it is set for a hearing. With this party refusing to mediate or negotiate in good faith as the court has required, you need to consider getting your own attorney to take this up and get an advantage on the playing field if the court has already expressed displeasure with the attorney, it could be much more helpful to you and less costly to you in the long term, maybe not short term as you are looking at your finances but certainly over time because the attorney can look at your case and can come up with some other possible legal positions to put an end to your opponent's claims saving you time and extra money continuing on with this matter.



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Customer: replied 9 months ago.

Hi Paul,


Do I have to file the complaint with the bar as well as go to the court to file the motion? Also, since the attorney that is not disbarred has been working with the disbarred attorney (and I do have emails proving that the disbarred attorney received them) as well as him going to the mediation together and disbarred attorney doing all the talk, can I have him removed from the case as well?


Leo

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

You would have to file both the complaint with the bar and a motion in the court. They have to investigate at the bar to see if what he was doing is a violation of their rules, it sounds like it would be from what you have stated. You could, if he is disbarred and acting against the rules have him completely removed.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 88819
Experience: Attorney At Law handling education matters.
Law Educator, Esq. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 9 months ago.

How do I file with bar?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.

You can file a complaint by going to CA Bar Attorney Complaints and following their instructions.
Customer: replied 9 months ago.

Can I file a motion with the court against the attorney that is not disbarred for gathering information and working together with the disbarred attorney? Is it one or two motions?

Expert:  Law Educator, Esq. replied 9 months ago.
You can raise the issue in one motion as he is not supposed to allow a disbarred attorney to act as an attorney.
Customer: replied 9 months ago.

Is this okay?


 


 


 


United States Bankruptcy Court


Central District Of California (Santa Ana)


 


In re My name ) NO. 8:12-bk-#####-CB


)


) Complaint Motion


) My ex partner's attorney name


) is not supposed to allow


Goliath______________) disbarred attorney name to act as


His name, ) an attorney


Plaintiff )


)


vs. )


)


)


)


David_______________)


My name, )


Defendants, )


 


 


To Ex Partner Plantiff And His Attorney, Of Record, If Any:



PLEASE TAKE NOTICE THAT Defendant My name, and individual, is stating a Complaint Motion on Oct 8th, 2013.


 


Stating the grounds of Complaints:


1- My ex partner attorney's name gathering information and working together and under direction from the disbarred attorney's name



2- My ex partner attorney's name In Mediation working together and under direction from the disbarred attorney's name


 


 


Dated: Oct 8th, 2013 By:____________________


My name


Defendant

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

In your motion you need to explain why this person should not be allowed on the case and have to attach proof he was disbarred if you want to claim that is why the attorney should be removed. You bear the burden of proof on these motions.

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